A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 30, 2007, the Defendant was sentenced to a summary order of KRW 300,000 as a fine for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, 8 months of imprisonment for a violation of the Road Traffic Act, or 2 years of suspension of execution for a violation of the Road Traffic Act. On June 15, 2009, the court issued a summary order of KRW 2 million on October 31, 2012 as a fine for a violation of the Road Traffic Act (driving without a license) at the Changwon District Court's Jin Branch branch on March 31, 2012, the summary order of KRW 2 million was issued on January 29, 2013, the same court issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (Driving without a license).

On February 5, 2013, around 02:05, the Defendant driven B rocketing car under the influence of alcohol content of 0.095%, without obtaining a driver’s license, from the front of a restaurant at the New York Sea, which is located in Pyeongtaek-dong, to the front of the same Sindo-dong, and without obtaining a driver’s license for blood alcohol content of 1km from the front of the restaurant at the time of Jinju-si to the south of the same Sindo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Records before judgment: Application of inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Social service order under Article 62-2 of the Criminal Act;